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Search results for: section 54

Penalty Charged by MCA Department for Two-Day Delay in Filing MGT 15

MCA Coimbatore Imposes Penalty for Two-Day Delay in E-Filing Form MGT-15

The Registrar of Companies (ROC) in Coimbatore has imposed a tax penalty of INR 1,02,000 on Ambika Cotton Mills Limited. Additionally, an aggregate liability of INR 78,000 has been levied on three of its Key Managerial Personnel (KMPs), with each person paying a penalty of INR 26,000. This action was taken under Section 454 of […]

Kerala HC's Order in The Case of Pazhassi Motors vs. State of Kerala

Kerala HC: ITC Claim Valid if GST Returns Are Filed on Time; Limitation U/S 16(4) Not Applicable

The Kerala High Court has made an important ruling regarding the Central Goods and Services Tax (CGST) Act of 2017. It was determined that Section 16(5) serves as a non-obstante provision, which means it can override the time limits stipulated in Section 16(4). The Court emphasised that as long as taxpayers file their returns by […]

Mumbai ITAT's Order in the Case of Oceaneering International GmbH vs. DCIT (International Taxation)

ITAT Mumbai: GST Collected by Non-Resident Assessee Excluded from Gross Receipts for Computing Presumptive Income U/S 44BB

The Income Tax Appellate Tribunal (ITAT), Mumbai, has delivered an important ruling on the treatment of Goods and Services Tax (GST) for non-resident taxpayers. According to the tribunal’s decision, GST collected by a non-resident assessee must be excluded from ‘gross receipts’ when determining presumptive income under Section 44BB of the Income-tax Act, 1961. This clarification […]

Mumbai ITAT's Order In the Case of Staubli Tec Systems India Pvt. Ltd. vs. ITO

ITAT Mumbai Grants Relief to Taxpayers Denied NTR Benefits for Not Filing Form 10IC

The Mumbai bench of the Income Tax Appellate Tribunal (ITAT) on October 31, 2025, ruled that a taxpayer’s claims under the new tax regime could not be rejected because of a delay in filing the Form 10IC, after the legal deadline. The same ruling has been arrived at in the backdrop of a case submitted […]

GST Rationalisation Has Corrected Inverted Duty Structure, Says FM Sitharaman

FM: GST Rate Rationalisation Has Corrected the Inverted Duty Structure for Industries

The Finance Minister Nirmala Sitharaman stated that the Goods and Services Tax (GST) rate rationalisation has rectified the inverted duty structure faced by various industries and ensured that any remaining cases identified by the industry will be addressed. She answered the discussion in the Rajya Sabha concerning the Manipur Goods and Services tax (Second Amendment) […]

Calcutta HC's Order In the Case of Rajneesh Agarwal vs. Income Tax Officer

Calcutta HC: IT Refund U/S 245 Can’t Be Withheld If the Department Confirms No Tax Liability

The Income Tax Department cannot withhold a refund under Section 245 of the Income Tax Act, 1961, unless it establishes tax liability, the Calcutta High Court cited. The Bench of Justice Raja Basu Chowdhury said that it is correct that section 245 of the said Act allows the income tax department to set off a […]

Delhi HC's Order in The Case of Ms J M Jain Prop Sh Jeetmal Choraria vs. Union of India

Delhi HC Validates GST Notice Using IT Intelligence, Warns Against AI-Generated Citations in SCN

In a writ petition, the Delhi High Court has upheld the Show Cause Notice (SCN) issued by the GST Department, which was based on an intelligence, by the Income Tax Department. The Division Bench, Justice Prathiba M. Singh and Justice Shail Jain ruled the challenge to the SCN as ‘premature’ and noted the existence of […]

Madras High Court Order in The Case of Tvl. Bernard Karuthudaiyan vs. The Deputy State Tax Officer

Madras HC: Belated GST Return Filing Automatically Nullifies Sec. 62 Assessment

The Madurai Bench of the Madras High Court has determined that a best judgment assessment issued to a non-filer under Section 62 of the Tamil Nadu Goods and Services Tax Act, 2017, is automatically withdrawn upon the submission of a valid return by the registered taxpayer, regardless of whether this submission occurs beyond the stipulated […]

Calcutta HC's Order in The Case of Dhananjoy De vs. Superintendent of Central Tax Audit

Calcutta HC Allows Condonation of Minor Delay in GST Appeal, Citing Satisfactory Explanation by Petitioner

The Calcutta High Court recently ruled that a minor delay in filing a GST appeal warranted condonation, as the petitioner presented a satisfactory explanation for the delay. Additionally, the Court instructed the authorities to re-evaluate whether the pre-deposit requirement under the CGST Act, 2017, had been calculated correctly and adhered to appropriately. The applicant, Dhananjoy […]

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